Keywords
Summary

Keywords

++++

1 . PRELIMINARY QUESTIONS - MEASURES ADOPTED BY THE INSTITUTIONS - VALIDITY - DISPUTE - JURISDICTION OF THE COURT - EXTENT

( EEC TREATY, ARTICLE 177 )

2 . PRELIMINARY QUESTIONS - MEASURES ADOPTED BY THE INSTITUTIONS - VALIDITY - DISPUTE - CRITERIA OF INVALIDITY

( EEC TREATY, ARTICLE 177 )

3 . GATT - PROVISIONS BINDING THE EEC

( EEC TREATY IN GENERAL )

4 . GATT - ARTICLE XI - RIGHTS OF CITIZENS OF THE COMMUNITY - ABSENCE - REGULATIONS NOS 459/70, 565/70 AND 686/70 OF THE COMMISSION - VALIDITY

( GENERAL AGREEMENT ON TARIFFS AND TRADE - GATT - ARTICLE XI; REGULATIONS NOS 459/70, 565/70 AND 686/70 OF THE COMMISSION )

Summary

1 . THE JURISDICTION OF THE COURT, AS LAID DOWN IN ARTICLE 177 OF THE EEC TREATY, TO GIVE RULINGS ON THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY CANNOT BE LIMITED BY THE GROUNDS ON WHICH THE VALIDITY OF THOSE MEASURES MAY BE CONTESTED .

IT THEREFORE EXTENDS TO ALL THE GROUNDS CAPABLE OF INVALIDATING THOSE MEASURES .

2 . BEFORE THE INCOMPATIBILITY OF A COMMUNITY MEASURE WITH A PROVISION OF INTERNATIONAL LAW CAN AFFECT THE VALIDITY OF THAT MEASURE, THE COMMUNITY MUST FIRST OF ALL BE BOUND BY THAT PROVISION .

WHERE THE INVALIDITY IS RELIED UPON BEFORE A NATIONAL COURT, IT IS ALSO NECESSARY THAT THAT PROVISION OF INTERNATIONAL LAW SHOULD BE CAPABLE OF CONFERRING RIGHTS ON CITIZENS OF THE COMMUNITY WHICH THEY CAN INVOKE BEFORE THE COURTS .

3 . IN SO FAR AS UNDER THE EEC TREATY THE COMMUNITY HAS ASSUMED THE POWERS PREVIOUSLY EXERCISED BY MEMBER STATES IN THE AREA GOVERNED BY THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( GATT ), THE PROVISIONS OF THAT AGREEMENT HAVE THE EFFECT OF BINDING THE COMMUNITY .

4 . ARTICLE XI OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE ( GATT ) IS NOT CAPABLE OF CONFERRING RIGHTS ON CITIZENS OF THE COMMUNITY WHICH THEY CAN INVOKE BEFORE THE COURTS .

CONSEQUENTLY, THE VALIDITY OF REGULATIONS NOS 459/70, 565/70 AND 686/70 OF THE COMMISSION ( JO L 57, P . 20, L 69, P . 33 AND L 84, P . 21 RESPECTIVELY ) CANNOT BE AFFECTED BY THAT ARTICLE .